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S.F. No. 737 - Cosmetology Examiners Board Provisions Modifications - First Engrossment
 
Author: Senator Alice M. Johnson
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: February 26, 2015



 

Section 1 [Policy] adds “infection control” and the use of “implements” to the list of things the legislature finds to require special skills and education that warrant licensing by the Board of Cosmetology Examiners.

Section 2 [Manager] modifies the definition of “manager.”

Sections 3-7 add definitions for “advanced practice esthetician,” “designated licensed salon manager,” “school manager,” “designated school manager,” and “practitioner.”

Section 8 [Hiring and Assignment of Employees] eliminates a requirement for the board to train staff in customer service skills. Authorizes the board to hire qualified personnel to conduct complaint investigations.

Section 9 [Schedule] adds categories of license fees and changes fee amounts set in statute.

Section 10 [Board Must Approve or Deny Application; Timeline] modifies the existing timeline for issuing a license in two ways: 1) makes a conforming change to accommodate expedited military licenses (established in law passed in 2014); and 2) permits the board to take additional time, beyond 15 days, to review a license application if certain conditions (specified in the following section) are met.

Section 11 [Additional Review for Certain Licenses] provides a timeline for additional review of a license application that contains discrepancies, or is made by an applicant who is the subject of a complaint investigation or has pending disciplinary actions before the board.

Section 12 [Temporary Military License or Expedited License] requires the board to take action within five business days for an application that meets requirements for an expedited license or a temporary military license. The board must issue or deny the license or notify the applicant if their application will require additional review because it meets certain conditions.

Section 13 [Additional Review for Certain Temporary Military License or Expedited License] permits the board additional time to review an application for an expedited license or temporary military license if the application contains discrepancies, or if the applicant is the subject of a complaint investigation or pending disciplinary action.

Section 14 [Licensing] adds “advanced practice esthetician” to the list of practices that require license.

Section 15 [Qualifications] permits the board's rules for licensing to require demonstrated knowledge of procedures necessary to protect the safety of the practitioner and consumer.

Section 16 [Temporary Military License] is a technical change.  The fee for a temporary military license is unchanged in amount, but is moved to the complete list of fees in another section.

 Section 17 [Continuing Education Requirements] adds a requirement for licensees to complete a four-hour continuing education course on specified technical or business management topics.  This is in addition to four hours of continuing education credits already required on health, sanitation, and safety.  Precludes marketing or sales of products during a continuing education class.  Requires continuing education providers to be authorized annually, instead of every three years.  This section permits a licensed school of cosmetology, a professional association, or a licensed salon that is authorized by the board to offer continuing education.  This section clarifies materials a continuing education provider must submit to the board to obtain authorization.

Section 18 [Licensing] specifies that a person must not offer cosmetology services for pay unless licensed and the services are provided in a licensed salon or as otherwise specified in statute.  Requires that salons be licensed in one or more specified disciplines.

Section 19 [Requirements] adds a clarifying label for the workers’ compensation section.  Eliminates a sentence that had no verb, so its meaning was unclear. 

Section 20 [Conditions Precedent to Issuance] requires a licensed cosmetology school to employ a designated licensed school manager who maintains a cosmetology salon manager license.

Section 21 [Discrimination Prohibited] changes the nondiscrimination requirements for cosmetology schools by referencing the Minnesota Human Rights Act.  The effect of this change is to add the following classes on which the school may not discriminate against students: religion, marital status, disability, age, and status with respect to public assistance.  The change removes “citizenship” from the list of impermissible bases for discriminating against students.

Section 22 [Rulemaking Authority] authorizes the Board of Cosmetology Examiners to adopt rules governing an advanced practice esthetician license. This section is effective January 1, 2016, through January 1, 2019.

Section 23 [Appropriation] appropriates money and adds it to the agency base.

Section 24 [Revisor’s Instruction] requires the Revisor of Statutes to change the word “sanitation” to “infection control” and “lapsed” to “expired” in the cosmetology chapter of statutes.

 Section 24 [Repealer] repeals a definition for “licensed practice” that was not used in statute.

 

 
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